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04-0806_ALL AMERICAN ASPHALT_Proposal0 0 BIDPROPOSAL For the: RANCHO VIEJO ROAD STREET REHABILITATION From: AkI A� Aaln1i 80013 i A Oda Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2000 Edition, including all supplements therefore, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: y el/13S. i NM< 4 W UNKJee4 kirl Rje WersQ W <X-49 W4rdl Figures AG Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of twenty-one (21) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual 3 amount of work will correspond therewith, but reserves the rightto increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is bidder`< Bind Fay 100/o of Nd 6wjnt (Insert I cash," cashier's check, certified check or bidder's bond on the forms from pages BB -1 and BB -2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will famish the required bonds as surety if the work is awarded to the undersigned: T'%d6i45AVA be�pSi+ rp�n AF 40910m, Po• BOY 12al, Mar , MD 11203 Licensed in accordance with an act providing for the registration of contractors - License No. ,1011073 Classification 0 Signature of Bidder: Mary, Wer, vice wesiazrA- (If an individual, so state. If a firm or co -partnership, state the fir a and give the names of ¢ all individual co-partners composing the fir: President, Secretary, Treasurer, and Manager thereof.) Nxaim+.. s .... Mid Business Address ( 904 ) 1,310- qWQ Da ed Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated Signature dfBidder worK we,, vice Presi&nt (goo) r1N,-nrnrr> Telephone Number it ALL AMERICAN ASPHALT CCorporation) pan Sisemane, Thomas Ta6Ca S, Marty fuer, PRESIDENT SEC./TREASURER VICE PRESIDENT 5 0 SCHEDULE OF WORK ITEMS RANCHO VIEJO ROAD STREET REHABILITATION I* Item Approximate Work Items With Unit Price Unit Price Total Amount anti (Written in Words) InFi res 1 L.S. Project survey for the lump sum price of 0A_441.� w „a� dollars. $ L 800 2 L.S. Reestablish centerline ties and monuments for the lump sum price coo of LA^e Y�v4re-A dollars. $ Ino 3 L.S. Off-street storage of equipment and materials for the lump sum price ..o of Fine µ-grad dollars. $ Soo 4 L.S. Compliance with National Pollutant Discharge Elimination System Requirements at the lump sum price of Tarec 7c. s+ A dollars. $ 3 o70 5 L.S. Mobilization for the lump sum price Of Ore 79r✓,+..dFioc a_j!g dollars. $ l Uo Asphalt concrete base course for the unit 6 547 Tons Price of -r.. r.. dollars per ton. �o $ 7 40,296 S.F. Cold mill pavement, 0.17', for the unit price of Tw.n+y Two dabs -per square foot. R6 $ . a $ 4 222 L.F. Remove and reconstruct Type C-8 curb 8 and gutter per City of San Juan Capistrano Std. Plan No. 301, for the unit $ s H $TS price of r i44..FFe-r dollars per linear foot. Remove and reconstruct Type A3-150 9 66 L.F. curb and gutter per APWA Std. Plan No. 120-1, for the unit price of Fort,eT $ LI I? $ 3 6 8 dollars per linear foot. �— 0 0 SCHEDULE OF WORK ITEMS RANCHO VIEJO ROAD STREET REHABILITATION Item Approximate Work Items With Unit Price Unit Price Total Amount Quantity (Written in Words) (In Figures) Remove and reconstruct top slab of catch 10 1 Ea. basin and local depression per APWA Std. Plan No. 300-2 anQ13-1, for the F1N: w $ pp $900 unit price of n6 r��bJ dollars per each. 11 2 Ea. Adjust water valves to finish grade, for the unit price of s'x 14.4reA dollars per each. $ 606 _a $7-00- 100-12 12 L.S Traffic Control for the lump sum price Of fiperM .e dollars. A...IK� $ K0o Fiu� 13 L. Signing and striping for the lump sum Ore 1%V.a..4 of Fiue H....J,..A dollars. $ l Total Bid Price (Enter here and on Page 3) g 1. �Q„¢ T4 s .,d W'wQ Nrnd�eA ?P' f,F've 0 n s A Twe1,V_ ca.+s Words Figure 0 0 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS. County of %ler�iA� ) Marx likey, , being first duly sworn deposes and says that he is Vice preciclen+' Of A�\ Arrvvirnr� A6�1nli' r the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. hit 11�4 210014 D ED SIGNATURE Mork uuer� Vice, R'esidtX* On this the to+h_ day of Ngisir , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Mnrlc wry , personally known to me/proved to me on the basis of satisfactory evidence, to be the personfsf whose name(4 ht subscribed to the within instrument, and acknowledge that he executed it. WITNESS my hand and official seal. � WW26d) Notary Public in and for said State rennllle Moms, Notary Public, TENNILLE MORRIS Commission It 1374628 ..� Notary Public — Califomia;_ Riverside County MyComm. E)Oessep la 2006 0 0 DESIGNATION OF SUB -CONTRACTORS Submit with Proposal. In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub -bids of the following listed sub -contractors in making up his bid, and that the sub -contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub -contractor is not listed will be performed by the undersigned through his forces. If no sub -contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub -contractor Address Phone License No. and Classification 1. 13 4 3q&019- C -3J- Ora 1 46,j., 41 63 - 1 S o Iwc- 2. (13 N. 694 sf. ora�r,64 gaYSY 3. 4. 5. 6. 7. 8. MqJ17'T'Wk'.%MA- BIDDER'S NAME D AUTHORIZED IGNATURE MarK Luer Vtct Presilic"t 9 • Securing Documents INSTRUCTION TO BIDDERS 0 Plans, Specifications and other contract documents will be available for examination without charge and copies may be secured in accordance with the "Notice Inviting Bids". Examination of Plans Specifications and Site of Work The bidder is required to examine the site of work, the Proposal, the Plans and the Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 2000 Edition including all supplements, very carefully. He shall satisfy himself as to the character, quality and quantities of the work to be performed, the materials to be furnished and the requirements of the Contract Documents. The plans for the work show conditions as they are believed to exist, but it is not to be inferred that all the conditions as shown thereon are actually existent, nor shall the City of San Juan Capistrano or any of its officers or agents be liable for any loss sustained by the contractor as a result of any variance between conditions shown on the plans and actual conditions revealed during examination or progress of the work. The submission of a proposal shall be prima facie evidence that the bidder has made such an examination. Interpretation of Drawings and Documents If any bidder should find discrepancies in, or omissions from the drawings, specifications or other proposed contract documents, or if he should be in doubt as to the true meaning of any part thereof, he shall at once make a written request to the Engineer for correction, clarification or interpretation of the point or points in question. The person submitting such a request shall be responsible for its prompt delivery. In the event that the Engineer receives such a request and it should be found that certain essential information is not clearly and fully set forth, or if the Engineer discovers errors, omissions, or points requiring clarification in the drawings or documents, a written addendum will be mailed to each person to whom a set of contract documents has been delivered. The City of San Juan Capistrano will not be responsible for any instructions, explanations or interpretations of the documents presented to bidders in any manner other than written addendum. Addenda or Bulletins The effect of all addenda to the contract documents shall be considered in the bid and said addenda shall be made a part of the contract documents and shall be returned with them. Before submitting his bid, each bidder shall inform himself as to whether or not any such addenda have been issued, and failure to cover in his bid any such addenda issued may render his bid invalid and result in its rejection. we, 11 Disqualification of Bidders No person, firm or corporation shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm or corporation who has submitted a sub -proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a bid in his own behalf. Proposals Bids to receive consideration shall be in accordance with the following instructions: A. Bids shall be made only upon the forms provided within these specifications; all bid items shall be properly filled out; bid prices shall be stated both in words and in figures; and the signatures of all persons signing shall be in longhand. Where there is a conflict in the words and the figures, the words shall govern. B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed in ink by the person or persons signing the bid. C. Bids shall not contain any recapitulation of the work to be done. Alternate proposals will not be considered except as required hereinabove. No oral, telegraphic or telephonic proposals or modifications will be considered. D. The City of San Juan Capistrano may require any bidder to furnish a statement of his experience, financial responsibility, technical ability, equipment and references properly and fully filled out. E. Each bidder shall list his proposed sub -contractors on the form accompanying the proposal in accordance with the provisions of the specifications. F. Each bidder must accompany his bid with either a cashier's check upon some responsible bank, or a properly certified check upon such bank, or an approved corporate surety bond payable to the City of San Juan Capistrano for such a sum of not less than ten percent (10%) of the aggregate sum of the bid, which check or bond and the monies represented thereby shall be held by the City of San Juan Capistrano as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. The bidder agrees that, in case of his refusal or failure to execute said contract and give bonds within the time required by these documents, such check or bond, and the money represented thereby, shall remain the property of the City of San Juan Capistrano and, if the bidder shall fail to execute said contract, said surety will pay to the City of San Juan Capistrano the damages which the City of San Juan Capistrano may suffer by reason of such failure not exceeding the sum of ten percent (10%) of the amount of the bid. A bid received and not accompanied by such cashier's check, certified check or approved bond shall be rejected. 11 0 G. Bids shall be delivered to the City of San Juan Capistrano at the location stipulated on or before the day and hour set for the opening of bids, as hereinbefore specified in the "Notice Inviting Bids." Bids shall be enclosed in a sealed envelope bearing the title of the work, the name of the bidder, bid opening date and time of bid opening. Licensing of Contractor All persons, firms, partnerships or corporations shall be licensed in accordance with the Business and Professions Code of the State of California and the applicable ordinances of the City and County before doing any work of any kind. Withdrawal of Bids Any bidder may withdraw his bid in person or by written request at any time prior to the scheduled closing time for receipt of bids. Opening of Bid Proposals The City of San Juan Capistrano will, in open session, publicly open, examine and declare the bids at the time set forth in the "Notice Inviting Bids." Bidders or their authorized representatives are invited to be present. Award of Contract or Rejection of Bids No bidder may withdraw his bid for a period of ninety (90) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected within the ninety (90) days from the date set for the opening of bids. The contract for the work will be awarded to the lowest responsible bidder complying with these instructions and with the "Notice Inviting Bids." The City of San Juan Capistrano, however, reserves the right to reject any or all bids and to waive mere informalities, minor technical errors or irregularities, obvious clerical errors or erasures. The bidder to whom the award is made shall execute two copies of the written contract with the City of San Juan Capistrano and furnish the stipulated bonds, insurance and bid breakdown within fifteen (15) days after the bid opening date. The contract shall be made in the foram adopted by the City of San Juan Capistrano. The release of the successful bidder's surety deposit, as previously stipulated (page 5), shall be made upon the City of San Juan Capistrano's acceptance of the Labor and Materials Bond and the Faithful Performance Bond. 12 Yf the hirider to whnm the •rd is made fails to enter the contract herein provided, the award may be annulled and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if he were the party to whom the first award was made. A corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporation is duly authorized to do so. Bonds The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Labor and Material Bond in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract, Said bonds shall be secured from a surety company selected from the surety companies set forth in the standard specifications. Bonds must be submitted on the forms contained in these specifications. Time Performance The work shall be commenced within fifteen (15) calendar days from the date of issuance of the Notice to Proceed and shall be diligently prosecuted until completion. A time limit of twenty one (21) calendar days from the date specified in the Notice to Proceed has been set for completion of the work. The bidder's attention is directed to the specifications as to provisions for extension of time of completion and/or assessment of liquidated damages. Assignment of Contract No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or of funds to be received thereunder by the Contractor, will be recognized by the awarding authority unless such assignment has had prior approval of the awarding authority and the surety has been given notice of such assignment in writing and has consented thereto in writing. Workmen and Wages Attention is specifically directed to all provisions of the Labor Code of the State of California with regard to workmen and wages. Wages shall not be less than prevailing wage rates determined by the City of San Juan Capistrano pursuant to said Code and as listed in the "Notice Inviting Bids." Construction Permits It shall be the Contractor's responsibility to obtain all necessary permits, bonds and insurance, as required, for the completion of the project. No extra compensation shall be made therefore. The Contractor will be required to execute a no fee City Encroachment Permit for construction work under this contract. This Encroachment Permit does not satisfy the requirement for transportation permits for overload or overweight vehicles. The Contractor shall contact the Engineering Division for issuance of these permits, which will be issued no fee. 13 M BOND NO. 085 97 423. BID BOND • . KNOW ALL MEN BY THESE PRESENTS, that we, ALL, AMERT CAN ASPHALT as PRINCIPAL, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as SURETY, 'hereinafter -Called Surety, are held and firmly bound unto the CITY OF SAN ]UAN CAPISTRANO, Obligee, hereinafter called City, in the sum of $ 10% of Bid • , for payment whereof Principai and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has 2004 submitted the accompanying bid dated AUGUST 11th %9_for the uetlont of RANCHO VIEJO ROAD REHABILITATION, MALASPINA ROAD TO for the FEET S/O City of San Tuan Capistrano, Orange County, California: 1— '� MALASPINA NOW, THEREFORF-p it the Principal shall not withdraw said bid within thirty (90) days after the opening of same, and shall, within fifteen (lA days after the agreement has been presented to him for execuiion, enter into i written contract with the City to accordance with the bid as accepted, and If the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful perford=ce and proper fulfillment of* such contract and for tlie protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter Into said contract and give said bond within the time specified, It the Principal shall within sixty (60) days atter request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then the above obligation shall be void and of no effect; otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and, in addition to the face amount specified therefor, there shall be inducted costs and reasonable expenses and fees, including reasonable attorney's fees. incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 0 • IN V1ITNESS WHEREOFo the above -bounden parties have executed this Instrument under their several seals this 5th day of August 2004_,Xli_LL the name and corporate seal of each corporate. party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Vlltnesses ([f Individuat) lhomas T0soa5, Sure+ary /Tress arry ATTEST (if Corporation) Corporate Seal Title NOTARY PUBLIC ALL AMERICAN ASPHALT PRINCIPAL BY: rK Luc/ Title: Vice 4trsi eni FIDELITY AND DE�SIT COKPA-iY OF MARYLAND BB -2 ATTORNEY -.IN -FACT ieele d Cafes es. of ORPJIG On 8-5-04 �enw, BARBARA J. BINDIR - ae arrroraprus.•ro.wrr�arn PoswedYePFOHM M. BROWN -- wwyoasrev to be the Perim*) YA nne(at *WK aubserbed 10 toe wwdn kwoUll rd and sdmoelsdggd to as to h*WxMvmpxmmw th game in hbfi suMartted cspsdt%W), end that by MsdM dMK s(s) an Me wakwomot Our Pomngv), OF #0 ffft tpwdbMMlf W" tlW Datson(t� ape(L eeamw the 6stnfeaK- WRNESS my hod and O&W Sed. swoboamwFok OP711D" 7fonOhbitb�an bMa►Itrgwwt■ser4■cRaeYtw■snfaeb op Ufanew d■c■®edawdowpm a Landd�ern■4o■da■d w1dfibro0sRapiwdoaneat TNfs orType d Domes t BID BOND DMwerreD®tx B-5-04 NM*Kdf°apexl(,(IOIt� SWn@*)Ofhe MmNemedAbow ALL AMERICAN -ASPHALT C> d-spas)Ckhood by S*w cover Nvow OWBN M BROWN 0 bxbkkid ltp of dwob here 13 CWPanile ONore—mak - 0 pgraw—OUnled OGoiod XXKAson t4n*ad 0 Thn"s 0 Guodfes or C.onpa vabr O O9ia: 8Wwk pFIDBLITY AND DEPOSIT COMPANY OF NfARTLAND OO�MNi1br►�srYw•aW6apsba P10. as9aZ•O�RGNIiii�a:•M�aaM/+drfW FYWOSA rr Qdv FRrt4vAws4W SZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived . This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is I% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 901/6. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, whset forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof dogs nate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and lawf M y n - lime, to make, execute, seal and deliver, for, and on its behalf as surety, and as it�R;E kt ngs, and the execution of such bonds or undertakings in pursuan s _ on said Company, as fully and amply, [o all intents and purposes, as tf [ k god by the regularly elected officers of the Company at its office in Bal(+pt r hevo`}�ppf. on power of attorney revokes that issued on behalf of Owen M. BAQW ,ffi y 2z, WX.0 V f The said Assistant Section 2, of the By -1 the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I I th day of February, A.D. 2003. ATTEST: OZI State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND l/ b 4 — By: L. L. Goucher Assistant Secretary M. P. Hammond Vice President On this 11th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. GogJ Gn-�- l �► n - h'i Sandra Lynn Mooney Notru v Public My Commission Expires: January I, 2004 POA -F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 5th day of August 2004 A uivanl Se,,elanN C1p191�1i11�S79 State of California County of Riverside ss. On August 9. 2004 before me, Tennille Morris. Notary Public. Date Name and Title of Officer Personally appeared Mark Luer. Thomas Toscas Name(s) of Signers) TENNILLE MORRIS Commission # 1374628 iNotary Public — California s_ Riverside County 4MyComm.E0esSepl3.20D6j X personally known to me _proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h1aA /their authorized capacity(ies), and that by fiis w/their signature(s) on the instrument the person(s) or, the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal, Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bid Bond Document Date: August 13. 2004 Number of Pages: 2 Signero Other Than Named Above: Fidelity and Deposit Company of Maryland Signer's Name: Individual XCorporate Officer Title(s): Vice President. Secretary/Treasurer _Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here